Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Sunday, March 09, 2008

On his third trip to the Nebraska Supreme Court for driving while intoxicated second offense defendant Lloyd, the Supreme Court holds that the Douglas County Attorney's office did not miss the 29-110 statute of limitations for retrying him for DWI 2nd offense. State v. Lloyd, S-06-1113, 275 Neb. 205 The Supreme Court initially ruled that the City of Omaha could not prosecute him under the Omaha municipal code driving while intoxicated 2nd offense section because the municipal dwi code section was inconsistent with state law ( State v. Loyd, 265 Neb. 232, 655 N.W.2d 703 (2003).. Then the Douglas County Attorney refiled the cases against the defendant for DWI 2nd offense under Nebraska statutes § 60-6,196(2) and the Nebraska Supreme Court dismissed the defendant's interlocutory appeal because his statute of limitations objection was not a final order State v. Loyd, 269 Neb. 762, 696 N.W.2d 860 (2005).. Finally after the Douglas county court found defendant guilty of DWI2ndMcCormack) rules the Douglas County Attorney did not miss the 18 month statute of limitations under 29-110 because the time the case was pending on appeal tolled the limitations period. “pending” means: “Begun, but not yet completed;
unsettled; undetermined; in process of settlement or adjustment. T hus, an action or suit is ‘pending’ from its inception until the rendition of final judgment.”Loyd’s case remained pending while on appeal to the district court and this court. T he statute of limitations under § 29-110(1) was tolled during that period, and the March 18, 2003, complaint was timely filed."